Text of the Illinois Land Conservation Act of 1994

This bill was introduced in a previous session of Congress and was passed by the House on October 7, 1994 but was never passed by the Senate. The text of the bill below is as of Oct 8, 1994 (Referred to Senate Committee).

(6) The term ‘hazardous substance’ has the meaning given such term by section 101(14) of CERCLA (42 U.S.C. 9601(14)).

(7) The abbreviation ‘MNP’ means the Midewin National Tallgrass Prairie established pursuant to section 5 and managed as a part of the National Forest System.

(8) The term ‘national cemetery’ means a cemetery established and operated as part of the National Cemetery System of the Department of Veterans Affairs and subject to the provisions of chapter 24 of title 38, United States Code.

(9) The term ‘person’ has the meaning given such term by section 101(21) of CERCLA (42 U.S.C. 9601(21)).

(10) The term ‘pollutant or contaminant’ has the meaning given such term by section 101(33) of CERCLA (42 U.S.C. 9601(33)).

(11) The term ‘release’ has the meaning given such term by section 101(22) of CERCLA (42 U.S.C. 9601(22))

(12) The term ‘response action’ has the meaning given such term by section 101(25) of CERCLA (42 U.S.C. 9601(25)).

SEC. 3. TRANSFER OF MANAGEMENT RESPONSIBILITIES AND JURISDICTION OVER THE ARSENAL.

(a) PRINCIPLES OF TRANSFER-

(1) LAND USE PLAN- The Congress ratifies in principle the proposals generally identified by the land use plan which was developed by the Joliet Arsenal Citizen Planning Commission and unanimously approved on April 8, 1994.

(2) TRANSFER WITHOUT REIMBURSEMENT- The area constituting the MNP shall be transferred, without reimbursement, to the Secretary of Agriculture.

(3) MANAGEMENT OF MNP- Management by the Secretary of Agriculture of those portions of the Arsenal transferred to the Secretary under this Act shall be in accordance with section 5 establishing the MNP.

(4) SECURITY MEASURES- The Secretary of the Army, the Secretary of Agriculture, and the Secretary of Veterans Affairs, shall each provide and maintain physical and other security measures on such portion of the Arsenal as is under the administrative jurisdiction of such Secretary. Such security measures (which may include fences and natural barriers) shall include measures to prevent members of the public from gaining unauthorized access to such portions of the Arsenal as are under the administrative jurisdiction of such Secretary and that may endanger health or safety.

(5) COOPERATIVE AGREEMENTS- The Secretary of the Army, the Secretary of Agriculture, and the Administrator are individually and collectively authorized to enter into cooperative agreements and memoranda of understanding among each other and with other affected Federal agencies, State and local governments, private organizations, and corporations to carry out the purposes for which the MNP is established.

(b) INTERIM ACTIVITIES OF THE SECRETARY OF AGRICULTURE- Prior to transfer and subject to such reasonable terms and conditions as the Secretary of the Army may prescribe, the Secretary of Agriculture may enter upon the Arsenal property for purposes related to planning, resource inventory, fish and wildlife habitat manipulation (which may include prescribed burning), and other such activities consistent with the purposes for which the MNP is established.

(c) PHASED TRANSFER OF JURISDICTION- Jurisdiction over lands comprising the Arsenal shall be transferred as follows:

(1) INITIAL TRANSFER- Within 6 months after the date of the enactment of this Act, the Secretary of the Army shall effect the transfer of those portions of the Arsenal property identified for transfer to the Secretary of Agriculture pursuant to subsection (d) and to the Secretary of Veterans Affairs pursuant to section 6(a)(2). In the case of the Arsenal property to be transferred to the Secretary of Agriculture, the Secretary of the Army shall transfer to the Secretary of Agriculture only those portions for which the Secretary of the Army and the Administrator concur that no further action is required under any environmental law and which therefore have been eliminated from the areas to be further studied pursuant to the Defense Environmental Restoration Program for the Arsenal. Within 4 months after the date of the enactment of this Act, the Secretary of the Army and the Administrator shall provide to the Secretary of Agriculture all existing documentation supporting such finding and all existing information relating to the environmental conditions of the portions of the Arsenal to be transferred to the Secretary of Agriculture pursuant to this paragraph.

(2) ADDITIONAL TRANSFERS- The Secretary of the Army shall transfer in accordance with section 6(b) to the Secretary of Agriculture any portion of the property generally identified in subsection (d) and not transferred pursuant to paragraph (1) after the Secretary of the Army and the Administrator concur that no further action is required at that portion of property under any environmental law and that such portion is therefore eliminated from the areas to be further studied pursuant to the Defense Environmental Restoration Program for the Arsenal. At least 2 months before any transfer under this paragraph, the Secretary of the Army and the Administrator shall provide to the Secretary of Agriculture all existing documentation supporting such finding and all existing information relating to the environmental conditions of the portion of the Arsenal to be transferred. Transfer of jurisdiction pursuant to this paragraph may be accomplished on a parcel-by-parcel basis. This paragraph, paragraph (1), and their requirements shall not in any way affect the responsibilities and liabilities of the Secretary of the Army specified in section 4.

(d) IDENTIFICATION OF PORTIONS FOR TRANSFER FOR MNP- The lands to be transferred under subsection (c) shall be identified on a map or maps which shall be agreed to by the Secretary of the Army and the Secretary of Agriculture. Generally, the land to be transferred to the Secretary of Agriculture shall be all the real property and improvements comprising the Arsenal, except for lands and facilities described in subsection (e) or designated for disposal under section 6.

(e) PROPERTY USED FOR ENVIRONMENTAL CLEANUP-

(1) RETENTION- The Secretary of the Army shall retain jurisdiction, authority, and control over real property at the Arsenal to be used for--

(A) water treatment;

(B) the treatment, storage, or disposal of any hazardous substance, pollutant or contaminant, hazardous material, or petroleum products or their derivatives;

(C) other purposes related to any response action at the Arsenal; and

(D) other actions required at the Arsenal under any environmental law to remediate contamination or conditions of noncompliance with any environmental law.

(2) CONDITIONS- The Secretary of the Army shall consult with the Secretary of Agriculture regarding the identification and management of the real property retained under this subsection and ensure that activities carried out on that property are consistent, to the extent practicable, with the purposes for which the MNP is established, as specified in subsection (c) of section 5, and with the other provisions of such section.

(3) PRIORITY OF RESPONSE ACTIONS- In the case of any conflict between management of the property by the Secretary of Agriculture and any response action or other action required under environmental law to remediate petroleum products or their derivatives, the response action or other such action shall take priority.

(f) SURVEYS- All costs of necessary surveys for the transfer of jurisdiction of properties among Federal agencies shall be shared equally by the Secretary of the Army and the Secretary of the Department receiving the property. For lands transferred to a non-Federal agency pursuant to section 6, the Secretary of the Army shall pay the survey costs.

SEC. 4. CONTINUATION OF RESPONSIBILITY AND LIABILITY OF THE SECRETARY OF THE ARMY FOR ENVIRONMENTAL CLEANUP.

(a) RESPONSIBILITY- The liabilities and responsibilities of the Secretary of the Army under any environmental law shall not transfer under any circumstances to the Secretary of Agriculture as a result of the property transfers made under section 3 or section 6(b), or as a result of implementation of section 3(b). With respect to the real property at the Arsenal, the Secretary of the Army shall remain liable for and continue to carry out--

(1) all response actions required under CERCLA and other environmental law at or related to the property; and

(2) all actions required under any other environmental law to remediate petroleum products or their derivatives (including motor oil and aviation fuel).

(b) LIABILITY-

(1) IN GENERAL- Nothing in this Act shall be construed to effect, modify, amend, repeal, alter, limit or otherwise change, directly or indirectly, the responsibilities or liabilities under any applicable environmental law of any person (including the Secretary of Agriculture), except as provided in paragraph (3) with respect to the Secretary of Agriculture.

(2) LIABILITY OF SECRETARY OF THE ARMY- The Secretary of the Army shall retain any obligation or other liability at the Arsenal that the Secretary may have under CERCLA and other environmental laws. Following transfer of any portions of the Arsenal pursuant to this Act, the Secretary of the Army shall be accorded all easements and access to such property as may be reasonably required to carry out such obligation or satisfy such liability.

(3) SPECIAL RULES FOR SECRETARY OF AGRICULTURE- The Secretary of Agriculture shall not be responsible or liable under any environmental law for matters which are in any way related directly or indirectly to activities of the Secretary of the Army, or any party acting under the authority of the Secretary in connection with the Defense Environmental Restoration Program, at the Arsenal and which are for any of the following:

(A) Costs of response actions required under CERCLA at or related to the Arsenal.

(B) Costs, penalties, or fines related to noncompliance with any environmental law at or related to the Arsenal or related to the presence, release, or threat of release of any hazardous substance, pollutant, contaminant, hazardous waste or hazardous material of any kind at or related to the Arsenal, including contamination resulting from migration of hazardous substances, pollutants, contaminants, hazardous materials, or petroleum products or their derivatives disposed during activities of the Department of the Army.

(C) Costs of actions necessary to remedy such noncompliance or other problem specified in paragraph (B).

(c) PAYMENT OF RESPONSE ACTION COSTS- Any Federal department or agency that had or has operations at the Arsenal resulting in the release or threatened release of hazardous substances, pollutants, or contaminants shall pay the cost of related response actions or related actions under other statutes to remediate petroleum products or their derivatives, including motor oil and aviation fuel.

(d) CONSULTATION- The Secretary of Agriculture shall consult with the Secretary of the Army with respect to the Secretary of Agriculture’s management of real property included in the MNP subject to any response action or other action at the Arsenal being carried out by or under the authority of the Secretary of the Army under any environmental law. The Secretary of Agriculture shall consult with the Secretary of the Army prior to undertaking any activities on the MNP that may disturb the property to ensure that such activities will not exacerbate contamination problems or interfere with performance by the Secretary of the Army of response actions at the property. In carrying out response actions at the Arsenal, the Secretary of the Army shall consult with the Secretary of Agriculture to ensure that such actions are carried out in a manner consistent with the purposes for which the MNP is established, as specified in subsection (c) of section 5, and the other provisions of such section.

SEC. 5. ESTABLISHMENT OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE.

(a) ESTABLISHMENT- On the effective date of the initial transfer of jurisdiction of portions of the Arsenal to the Secretary of Agriculture under section 3(c)(1), the Secretary of Agriculture shall establish the Midewin National Tallgrass Prairie, which shall--

(1) be administered by the Secretary of Agriculture; and

(2) consist of the real property so transferred and such other portions of the Arsenal subsequently transferred under section 3(c)(2).

(b) ADMINISTRATION-

(1) IN GENERAL- The Secretary of Agriculture shall manage the MNP as a part of the National Forest System in accordance with this Act and the laws, rules and regulations pertaining to the National Forests, except that the Bankhead-Jones Farm Tenant Act of 1937 (7 U.S.C. 1010-1012) shall not apply to the MNP.

(2) LAND ACQUISITION FUNDS- Notwithstanding section 7 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-9), monies appropriated from the Land and Water Conservation Fund established under section 2 of such Act (16 U.S.C. 460l-5) shall be available for acquisition of lands and interests in land for inclusion in the MNP.

(3) ACQUISITION OF PRIVATE LANDS- Acquisition of private lands for inclusion in the MNP shall be on a willing seller basis only.

(4) INITIAL MANAGEMENT ACTIVITIES- In order to expedite the administration and public use of the MNP, the Secretary of Agriculture may conduct management activities at the MNP to effectuate the purposes for which the MNP is established, as set forth in subsection (c), in advance of the development of a land and resource management plan for the MNP.

(5) LAND AND RESOURCE MANAGEMENT PLAN- In developing a land and resource management plan for the MNP, the Secretary of Agriculture shall consult with the Illinois Department of Conservation and local governments adjacent to the MNP and provide an opportunity for public comment. Any parcel transferred to the Secretary of Agriculture under this Act after the development of a land and resource management plan for the MNP may be managed in accordance with such plan without need for an amendment to the plan.

(c) PURPOSES OF THE MIDEWIN NATIONAL TALLGRASS PRAIRIE- The MNP is established to be managed for National Forest purposes, including the following:

(1) To conserve and enhance populations and habitats of fish, wildlife, and plants, including populations of grassland birds, raptors, passerines, and marsh and water birds.

(2) To restore and enhance, where practicable, habitat for species listed as proposed, threatened or endangered under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).

(3) To provide fish and wildlife oriented public uses at levels compatible with the conservation, enhancement and restoration of native wildlife and plants and their habitats.

(4) To provide opportunities for scientific research.

(5) To provide opportunities for environmental and land use education.

(6) To manage the land and water resources of the MNP in a manner that will conserve and enhance the natural diversity of native fish, wildlife, and plants.

(7) To conserve and enhance the quality of aquatic habitat.

(8) To provide for public recreation insofar as such recreation is compatible with the other purposes for which the MNP is established.

(d) PROHIBITION AGAINST THE CONSTRUCTION OF NEW THROUGH ROADS- No new construction of any highway, public road, or any part of the interstate system, whether Federal, State, or local, shall be permitted through or across any portion of the MNP. Nothing herein shall preclude construction and maintenance of roads for use within the MNP, or the granting of authorizations for utility rights-of-way under applicable Federal law, or preclude such access as is necessary. Nothing herein shall preclude necessary access by the Secretary of the Army for purposes of restoration and cleanup as provided in this Act.

(e) AGRICULTURAL LEASES AND SPECIAL USE AUTHORIZATIONS- Within the MNP, use of the lands for agricultural purposes shall be permitted subject to the following terms and conditions:

(1) If at the time of transfer of jurisdiction under section 3 there exists any lease issued by the Department of the Army, Department of Defense, or any other agency thereof, for agricultural purposes upon the parcel transferred, the Secretary of Agriculture, upon transfer of jurisdiction, shall convert the lease to a special use authorization, the terms of which shall be identical in substance to the lease that existed prior to the transfer, including the expiration date and any payments owed the United States.

(2) The Secretary of Agriculture may issue special use authorizations to persons for use of the MNP for agricultural purposes. Such special use authorizations shall require payment of a rental fee, in advance, that is based on the fair market value of the use allowed. Fair market value shall be determined by appraisal or a competitive bidding process. Special use authorizations issued pursuant to this paragraph shall include terms and conditions as the Secretary of Agriculture may deem appropriate.

(3) No agricultural special use authorization shall be issued for agricultural purposes which has a term extending beyond the date twenty years from the date of enactment of this Act, except that nothing in this Act shall preclude the Secretary from issuing agricultural special use authorizations or grazing permits which are effective after twenty years from the date of enactment of this Act for purposes primarily related to erosion control, provision for food and habitat for fish and wildlife, or other resource management activities consistent with the purposes of the MNP.

(f) TREATMENT OF RENTAL FEES- Monies received pursuant to subsection (e) shall be subject to distribution to the State of Illinois and affected counties pursuant to the Acts of May 23, 1908, and March 1, 1911 (16 U.S.C. 500). All monies not so distributed pursuant to such Acts shall be covered into the Treasury and shall constitute a special fund, which is hereby appropriated and made available until expended, to cover the cost to the United States of such prairie-improvement work as the Secretary of Agriculture may direct. Any portion of any deposit made to the fund which the Secretary of Agriculture determines to be in excess of the cost of doing such work shall be transferred, upon such determination, to miscellaneous receipts, Forest Service Fund, as a National Forest receipt of the fiscal year in which such transfer is made.

(g) USER FEES- The Secretary is authorized to charge reasonable fees for the admission, occupancy, and use of the MNP and may prescribe a fee schedule providing for reduced or a waiver of fees for persons or groups engaged in authorized activities including those providing volunteer services, research, or education. The Secretary shall permit admission, occupancy, and use at no additional charge for persons possessing a valid Golden Eagle Passport or Golden Age Passport.

(h) SALVAGE OF IMPROVEMENTS- The Secretary of Agriculture may sell for salvage value any facilities and improvements which have been transferred to the Secretary of Agriculture pursuant to this Act.

(i) TREATMENT OF USER FEES AND SALVAGE RECEIPTS- Monies collected pursuant to subsections (g) and (h) shall be covered into the Treasury and constitute a special fund to be known as the Midewin National Tallgrass Prairie Restoration Fund (‘Fund’). Deposits in this fund shall be available, subject to appropriation, until expended for use for restoration and administration of the MNP, including construction of a visitor and education center, restoration of ecosystems, construction of recreational facilities (such as trails), construction of administrative offices, and operation and maintenance of the MNP.

(j) COOPERATION WITH STATES, LOCAL GOVERNMENTS AND OTHER ENTITIES- In the management of the MNP, the Secretary is authorized and encouraged to cooperate with appropriate Federal, State and local governmental agencies, private organizations and corporations. Such cooperation may include cooperative agreements as well as the exercise of the existing authorities of the Secretary under the Cooperative Forestry Assistance Act of 1978 and the Forest and Rangeland Renewable Resources Research Act of 1978. The objects of such cooperation may include public education, land and resource protection, and cooperative management among government, corporate and private landowners in a manner which furthers the purposes of this Act.

SEC. 6. DISPOSAL OF CERTAIN REAL PROPERTY AT THE ARSENAL FOR A NATIONAL VETERANS CEMETERY AND A COUNTY LANDFILL AND TO THE ADMINISTRATOR OF GENERAL SERVICES.

(a) PROPERTY DESIGNATED FOR DISPOSAL UNDER THIS SECTION- The following areas of real property at the Arsenal are designated for disposal under this section:

(1) An area of real property consisting of approximately 425 acres, the approximate legal description of which includes part of sections 8 and 17, Florence Township, T33N R10E, Will County, Illinois, as depicted in the Arsenal Land Use Concept to be conveyed to the County of Will, without compensation, to be operated as a landfill by the County: Provided, That such additional acreage shall be added to the landfill as is necessary to reasonably accommodate needs for the disposal of refuse and other materials from the restoration and cleanup of only the Arsenal property as provided for in this Act: Provided further, That the use of this additional acreage by any agency of the Federal Government or its agents or assigns shall be at no cost to the Federal Government. The Secretary of the Army may require such additional terms and conditions in connection with the conveyance under this paragraph as the Secretary considers appropriate to protect the interests of the United States.

(2) An area of real property consisting of approximately 910 acres, the approximate legal description of which includes part of sections 30 and 31, Jackson Township, T34N R10E, and including part of sections 25 and 36, Channahon Township, T34N R9E, Will County, Illinois, as depicted in the Arsenal Land Use Concept to be transferred without reimbursement to the Department of Veterans Affairs.

(3) The following areas are designated for disposal pursuant to subsection (b): Manufacturing Area--Study Area 1--Southern Ash Pile, Study Area 2--Explosive Burning Ground, Study Area 3--Flashing Grounds, Study Area 4--Lead Azide Area, Study Area 10--Toluene Tank Farms, Study Area 11--Landfill, Study Area 12--Sellite Manufacturing Area, Study Area 14--Former Pond Area, Study Area 15--Sewage Treatment Plant. Load Assemble Packing Area--Group 61: Study Area L1, Explosive Burning Ground: Study Area L2, Demolition Area: Study Area L3, Landfill Area: Study Area L4, Salvage Yard: Study Area L5, Group 1: Study Area L7, Group 2: Study Area L8, Group 3: Study Area L9, Group 3A: Study Area L10, Doyle Lake: Study Area L12, Group 68: Study Area L13, Group 4: Study Area L14, Group 5: Study Area L15, Group 8: Study Area L18, Group 9: Study Area L19, Group 20, Study Area L20, Group 25: Study Area L22, Group 27: Study Area L23, Group 62: Study Area L25, Group 64: Study Area L27, Group 65: Study Area L28, Extraction Pits: Study Area L31, PVC Area: Study Area L33, Former Burning Area: Study Area L34, Fill Area: Study Area L35, including all associated inventoried buildings and structures as identified in the Joliet Army Ammunition Plant Plantwide Building and Structures Report and the contaminate study sites for both the Manufacturing and Load Assembly and Packing sides of the Joliet Arsenal as delineated in the Dames and Moore Final Report, Phase 2 Remedial Investigation Manufacturing (MFG) Area Joliet Army Ammunition Plant Joliet, Illinois (May 30, 1993. Contract No. DAAA15-90-D-0015 task order No. 6 prepared for: United States Army Environmental Center); and excepting the national cemetery and landfill described in paragraphs (1) and (2).

(b) INITIAL OFFER TO SECRETARY OF AGRICULTURE- Within 6 months after the construction and installation of any remedial design approved by the Administrator and required for any lands described in subsection (a)(3), the Administrator shall provide to the Secretary of Agriculture all existing information regarding the implementation of such remedy, including information regarding its effectiveness. Within 3 months after the Administrator provides such information to the Secretary of Agriculture, the Secretary of the Army shall offer the Secretary of Agriculture the option of accepting a transfer of the areas described in subsection (a)(3), without reimbursement, to be added to the MNP and subject to the terms and conditions, including the limitations on liability, contained in this Act. In the event the Secretary of Agriculture declines such offer, the property may be disposed of as the Army would ordinarily dispose of such property under applicable provisions of law. Any sale or other transfer of property conducted pursuant to this subsection may be accomplished on a parcel-by-parcel basis.

SEC. 7. DEGREE OF ENVIRONMENTAL CLEANUP.

(a) IN GENERAL- Nothing in this Act shall be construed to restrict or lessen the degree of cleanup at the Arsenal required to be carried out under provisions of any environmental law.

(b) RESPONSE ACTION- The establishment of the MNP shall not restrict or lessen in any way response action or degree of cleanup under CERCLA or other environmental law, or any response action required under any environmental law to remediate petroleum products or their derivatives (including motor oil and aviation fuel), required to be carried out under the authority of the Secretary of the Army at the Arsenal and surrounding areas.

(c) ENVIRONMENTAL QUALITY OF PROPERTY- Any contract for sale, deed, or other transfer of real property under section 6 shall be carried out in compliance with all applicable provisions of section 120(h) of the CERCLA and other environmental laws.